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Cohen Law > Blog (Page 3)

Alice is Harsh – Understanding Alice Corp for Patent Ineligible Subject Matter

The US Supreme Court’s decision in Alice Corp. v. CLS Bank, which came down last June elaborated on patent ineligible subject matter, particularly as it applies to software patents.  But the scope of these 101 type rejections has expanded to business method patents as well.  We have been noticing an uptick in these rejections just in the past few months.  The ABA just posted this article discussing Alice’s wrath.   http://www.abajournal.com/magazine/article/business_method_and_software_patents_may_go_through_the_looking_glass_after/?utm_source=maestro&utm_medium=email&utm_campaign=tech_monthly...

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Hershey Trademark Infringement Lawsuit Against Marijuana Edible Company

This past June, Hershey filed a lawsuit in Colorado Federal Court against TinctureBell, LLC and TinctureBelle Marijuanka LLC- two companies that marketed cannabis-laced chocolate bars that were allegedly packaged to look like Hershey products.  The causes of action listed in the complaint were: trademark infringement, trademark dilution, false designation of origin, unfair competition, and passing off.  The candies included “Hashees” peanut butter cups, and are packaged similar to Reese’s Peanut Butter Cups.  The Defendants’ Ganja Joy bars appear to look  similar to Almond Joys, and lastly, their HashHeath Bars appear to look identical to Hershey’s Heath Bars. The lawsuit settled relatively...

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Design Patent Term Extended to 15 Years

  Design patents are a critical form of intellectual property for businesses to protect their product designs.  The prior term for design patents were fourteen (14) years from the issuance date.  Now, pursuant to the changes made in the Patent Law Treaties Implementation Act of 2012 (PLTIA), design patents filed on or after Dec.18, 2013 have a term of fifteen (15) years from the issuance date. ...

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Big Hero 6 Innovator Contest

The XPrize Foundation, Inc. in association with Disney’s new movie “Big Hero 6” has created it’s own contest for young innovators.  The challenge is for kids 8-17 to describe how they would S.T.E.A.M. (science, technology, engineering, arts, or mathematics) to solve problems out there in the world.  The big winners get to walk the red carpet in Hollywood at the premiere of Big Hero 6.  https://www.xprizechallenge.org/.  The United States Patent and Trademark Office is also a sponsor of Xprize. ...

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MGM Defends Rocky Trademark From “Philadelphia Fat-Ass Run”

MGM , the film company that owns the rights to ROCKY sent a cease and desist letter to Philadelphia resident, Rebecca Shaefer who planned to launch a “Rocky 50K Fat-Ass Run” inspired by Rocky’s iconic jogging route through the streets of Philadelphia. Philadelphia Magazine columnist Dan McQuade‘s figured out   that the boxer ran 30.61 miles by analyzing running montages in the films.  MGM, which owns rights to the film objected on trademark grounds because they sponsor a Rocky themed 5k/10k run to take place in the city of Philadelphia in November. The “Rocky 50K Fat Ass Run” sparked concern of consumers being confused...

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